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Author: Mona Shukla
Publisher:
ISBN: 9788184840766
Category : India
Languages : en
Pages : 0
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Book Description
Author: Mona Shukla
Publisher:
ISBN: 9788184840766
Category : India
Languages : en
Pages : 0
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Book Description
Author: Gerald N. Rosenberg
Publisher: Cambridge University Press
ISBN: 1108474500
Category : Law
Languages : en
Pages : 377
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Book Description
Examines whether the Indian Supreme Court can produce progressive social change and improve the lives of the relatively disadvantaged.
Author: C. Raj Kumar
Publisher: Oxford University Press
ISBN: 0199088705
Category : Law
Languages : en
Pages : 194
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Book Description
The malaise of corruption has become deeply embedded in the political and social fabric of the Indian society. The increased frequency and scale of corruption have had deleterious effects on a wide range of issues. Corruption, therefore, must be viewed not just as an issue of law and order or of the criminal justice system; instead it has larger and adverse implications for development initiatives, transparency in administration, economic growth, access to justice, and human rights. This important and timely work adopts a new approach for analysing corruption—corruption as a violation of human rights. Highlighting the inherent deficiencies in the existing institutions, mechanisms, laws, and law enforcement agencies, the book strongly proposes the adoption of a multi-pronged strategy for eliminating corruption. This includes the creation of a new legislative framework, an effective institutional mechanism, a new independent and empowered commission against corruption, and greater participation of the civil society. It also compares India's experiences of combating corruption with many societies in Asia including Singapore and Hong Kong.
Author: Varsha Bhagat-Ganguly
Publisher: Taylor & Francis
ISBN: 1000227979
Category : Political Science
Languages : en
Pages : 204
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Book Description
This volume explores the complexities of governance, law, and politics in India’s Scheduled Areas. The Scheduled Areas (SAs) are those parts of the country which have been identified by the Fifth and Sixth Schedule of the Constitution of India and are inhabited predominantly by tribal communities or Scheduled Tribes. SAs are often identified by their geographical isolation, primitive economies, and relatively egalitarian and closely knit society. Irrespective of the constitutional provision for governance and a mandate of devolution of power in terms of funds, functions and functionaries, the backwardness of these areas have remained a challenge. This volume attempts to explore the reasons behind the disregard for legal and institutional mechanism designed for the SAs. It examines the role of the state in the neoliberal era on fund allocation and utilisation, the governance of land and forest resources, and the ineffectiveness of the existing administrative structures and processes. It also looks into the interpretations of law by the judiciary while dealing with community rights vis-à-vis the state’s prerogative of bringing development to the regions, and how development concerns are addressed in the name of ‘good governance’ by various stakeholders. Comprehensive and topical, this volume will be useful for scholars and researchers of political studies, development studies, developmental economics, sociology and social anthropology, and for policy makers.
Author: Hans Dembowski
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 272
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Book Description
These case studies examine the extent to which public interest litigation makes inefficient and often corrupt government officials responsible to the general public.
Author: Madhav Godbole
Publisher:
ISBN: 9788129114303
Category : India
Languages : en
Pages : 0
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Book Description
Absolute power is an anathema to our Constitution, even if it is to be wielded by the judiciary. But, India is witnessing a very unusual phenomenon, not visualised by the founding fathers of the Constitution, of judiciary becoming not just the central pillar but the only pillar of our democracy. No great wisdom or foresight is necessary to see the instability and unsustainability of this architectural marvel.
Author: Satyaranjan Purushottam Sathe
Publisher: Oxford University Press, USA
ISBN:
Category : Law
Languages : en
Pages : 372
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Book Description
This Book Is An Examination Of Judicial Review And Its Role In Democracy, With Special Reference To India.
Author: Sudhanshu Ranjan
Publisher: Oxford University Press, USA
ISBN: 9780199490493
Category : Law
Languages : en
Pages : 320
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Book Description
There can be no dispute that the judges of the high courts and the Supreme Court of India wield tremendous powers. However, power comes with a price which bestows huge responsibility and calls for strict adherence to dos and don'ts. This book builds upon this narrative and advocates that judges must be made accountable not only in respect of their personal conduct and integrity, but also in respect of the judicial verdicts they deliver. The work emphasizes that the need for judicial accountability has increased in recent times as the judiciary is, nowadays, performing not only judicial functions, but virtually executive functions also, for which the government is accountable to the people. The author, in particular, critically discusses Articles 141, 142, and 144, which make the Supreme Court the most powerful institution in the country, and Articles 32 and 136, which also confer wide powers on it. Using these powers, the apex court sometimes, unmindful of the budgetary and other vital implications, passes orders which are simply not implementable. For example, the intervention of the Supreme Court in the matter of the interlinking of rivers, a policy decision which falls clearly in the domain of the Executive. The book advocates the need for judicial accountability to save the institutions of justice from turning autocratic and narcissistic.
Author: Robert L. Cunningham
Publisher:
ISBN: 9781585440207
Category : Liberty
Languages : en
Pages : 0
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Book Description
Friedrich A. Hayek, distinguished scholar and Nobel laureate, has long been recognized as the moral and intellectual spokesman for classic liberalism and a free society. In January, 1976, a conference on the University of San Francisco campus convened to explore the implications of Hayek's legal and political philosophy. From that conference Robert L. Cunningham has selected the best papers for presentation in this book. Three of the participants, Joseph Raz, William Letwin, and Gottfried Dietze, discuss the values represented by the rule of law. Raz analyzes the ideal of the rule of law as elaborated by Hayek and others and shows why certain conclusions drawn from it cannot be supported. Letwin examines in detail the relationship of the rule of law to a particular set of decisions of the U.S. courts. Dietze discusses the legitimate role legislation plays in the liberal state. The concept of privacy and its relationship to the law is discussed by George Fletcher and Walter Berns, but from quite different viewpoints. The former deals with the role of privacy in a legal system, the latter with privacy as a right. Stephen J. Tonsor examines the conservative origins of collectivism. The philosophical foundations of Hayek's political and legal theory are analyzed by Eugene F. Miller and Tibor R. Machan. And finally Robert L. Cunningham considers how mankind's limited knowledge can be put to best use in a rapidly changing world. The volume concludes with a brief discussion generated by the various papers.
Author: Arun K Thiruvengadam
Publisher: Bloomsbury Publishing
ISBN: 1849468702
Category : Law
Languages : en
Pages : 291
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Book Description
This book provides an overview of the content and functioning of the Indian Constitution, with an emphasis on the broader socio-political context. It focuses on the overarching principles and the main institutions of constitutional governance that the world's longest written constitution inaugurated in 1950. The nine chapters of the book deal with specific aspects of the Indian constitutional tradition as it has evolved across seven decades of India's existence as an independent nation. Beginning with the pre-history of the Constitution and its making, the book moves onto an examination of the structural features and actual operation of the Constitution's principal governance institutions. These include the executive and the parliament, the institutions of federalism and local government, and the judiciary. An unusual feature of Indian constitutionalism that is highlighted here is the role played by technocratic institutions such as the Election Commission, the Comptroller and Auditor General, and a set of new regulatory institutions, most of which were created during the 1990s. A considerable portion of the book evaluates issues relating to constitutional rights, directive principles and the constitutional regulation of multiple forms of identity in India. The important issue of constitutional change in India is approached from an atypical perspective. The book employs a narrative form to describe the twists, turns and challenges confronted across nearly seven decades of the working of the constitutional order. It departs from conventional Indian constitutional scholarship in placing less emphasis on constitutional doctrine (as evolved in judicial decisions delivered by the High Courts and the Supreme Court). Instead, the book turns the spotlight on the political bargains and extra-legal developments that have influenced constitutional evolution. Written in accessible prose that avoids undue legal jargon, the book aims at a general audience that is interested in understanding the complex yet fascinating challenges posed by constitutionalism in India. Its unconventional approach to some classic issues will stimulate the more seasoned student of constitutional law and politics.
